Welfare Reform Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Part 1 — Social security
26

(2)
Where, after the agreement of any person (“P”) to pay a penalty under
the appropriate penalty provision is taken into account for the
purposes of the application of section 6B in relation to that person—
(a)
P’s agreement to pay the penalty is withdrawn under
subsection (5) of the appropriate penalty provision, or
5
(b)
it is decided on an appeal or in accordance with regulations
under the Social Security Act 1998 or the Social Security
(Northern Ireland) Order 1998 that the overpayment to which
the agreement relates is not recoverable or due,

all such payments and other adjustments shall be made as would be
10
necessary if no restriction had been imposed by or under section 6B that
could not have been imposed if P had not agreed to pay the penalty.
(3)
Where, after the agreement (“the old agreement”) of any person (“P”) to
pay a penalty under the appropriate penalty provision is taken into
account for the purposes of the application of section 6B in relation to
15
P, the amount of the overpayment to which the penalty relates is
revised on an appeal or in accordance with regulations under the Social
Security Act 1998 or the Social Security (Northern Ireland) Order
1998—
(a)
section 6B shall cease to apply by virtue of the old agreement,
20
and
(b)
subsection (4) shall apply.
(4)
Where this subsection applies—
(a)
if there is a new disqualifying event consisting of—
(i)
P’s agreement to pay a penalty under the appropriate
25
penalty provision in relation to the revised
overpayment, or
(ii)
P being cautioned in relation to the offence to which the
old agreement relates,

the disqualification period relating to the new disqualifying
30
event shall be reduced by the number of days in so much of the
disqualification period relating to the old agreement as had
expired when section 6B ceased to apply by virtue of the old
agreement, and
(b)
in any other case, all such payments and other adjustments shall
35
be made as would be necessary if no restriction had been
imposed by or under section 6B that could not have been
imposed if P had not agreed to pay the penalty.
(5)
For the purposes of section 6B—
(a)
the date of a person’s conviction in any proceedings of a benefit
40
offence shall be taken to be the date on which the person was
found guilty of that offence in those proceedings (whenever the
person was sentenced) or in the case mentioned in paragraph
(b)(ii) the date of the order for absolute discharge; and
(b)
references to a conviction include references to—
45
(i)
a conviction in relation to which the court makes an
order for absolute or conditional discharge or a court in
Scotland makes a probation order,
(ii)
an order for absolute discharge made by a court of
summary jurisdiction in Scotland under section 246(3)
50

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of the Criminal Procedure (Scotland) Act 1995 without
proceeding to a conviction, and
(iii)
a conviction in Northern Ireland.
(6)
In this section “the appropriate penalty provision” has the meaning
given by section 6B(2)(a).”
5
(2)
In Schedule 4—
(a)
Part 1 contains further amendments of the Social Security Fraud Act
2001 (c. 11), and
(b)
Part 2 contains related amendments of other Acts.
20
Jobseeker’s allowance: sanctions for violent conduct etc. in connection with
10
claim
(1)
The Jobseekers Act 1995 (c. 18) is amended as follows.
(2)
After section 20B insert—
“Violent conduct etc. in connection with claim
20C
Sanctions for violent conduct etc. in connection with claim
15
(1)
This section applies if—
(a)
a person (“the offender”) is convicted of, or in England and
Wales is cautioned in respect of, an offence involving violence
or harassment,
(b)
the conduct constituting the offence was done to, or in relation
20
to, a person who was in the course of exercising functions under
this Act on any premises,
(c)
the conduct occurred while the offender was on those premises
for the purposes of a claim to a jobseeker’s allowance, and
(d)
the offender is a person, or a member of a joint-claim couple,
25
with respect to whom the conditions for entitlement to a
jobseeker’s allowance are or become satisfied.
(2)
In the case of a jobseeker’s allowance other than a joint-claim
jobseeker’s allowance—
(a)
the allowance is not to be payable in respect of the offender for
30
the period of one week beginning with such date as may be
prescribed (even though the conditions for entitlement are
satisfied); and
(b)
on the first occasion (if any) on which another sanctions
provision applies in the case of the offender, the sanctions
35
period is to be extended in that case by a period of five weeks.
(3)
For the purposes of subsection (2)(b)—
(a)
the reference to another sanctions provision is to any provision
made by or under this Act (other than subsection (2)) which
provides for a jobseeker’s allowance not to be payable for a
40
period; and
(b)
the reference to the sanctions period is to the period for which
the allowance would (but for subsection (2)(b)) not be payable
by virtue of that provision.

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(4)
In the case of a joint-claim jobseeker’s allowance—
(a)
the offender is to be treated as subject to sanctions for the
purposes of section 20A for the period of one week beginning
with such date as may be prescribed (even though the
conditions for entitlement are satisfied); and
5
(b)
on the first occasion (if any) on which another sanctions
provision applies in the case of the offender, the sanctions
period is to be extended in that case by a period of five weeks.
(5)
For the purposes of subsection (4)(b)—
(a)
the reference to another sanctions provision is to any provision
10
made by or under this Act (other than subsection (4)) which
provides for a member of a joint-claim couple to be (or treated
as being) subject to sanctions for the purposes of section 20A for
a period; and
(b)
the reference to the sanctions period is to the period for which
15
the member of the couple would (but for subsection (4)(b)) be
(or be treated as being) subject to sanctions for those purposes
by virtue of that provision.
(6)
Regulations may make provision for subsections (2) and (4) not to
apply at any time after the end of a prescribed period or otherwise in
20
prescribed circumstances.
(7)
Regulations may make provision for an income-based jobseeker’s
allowance to be payable in prescribed circumstances even though the
preceding provisions of this section prevent payment of it.

This subsection does not apply in the case of a joint-claim jobseeker’s
25
allowance (corresponding provision for which is made by section
20B(4)).
(8)
The provision that may be made by regulations by virtue of subsection
(7) includes, in particular, provision for the allowance to be—
(a)
payable only if prescribed requirements as to the provision of
30
information are complied with;
(b)
payable at a prescribed rate;
(c)
payable for only part of a week.
(9)
If—
(a)
a jobseeker’s allowance was not payable, or was payable at a
35
reduced rate, as a result of the application of this section in a
case where a person was convicted of an offence involving
violence or harassment, and
(b)
the person’s conviction is subsequently quashed,

all such payments and other adjustments are to be made as would be
40
necessary if the person had never been convicted of the offence.
20D
Section 20C: supplementary
(1)
For the purposes of section 20C in its application in relation to England
and Wales each of the following is an offence involving violence or
harassment—
45
(a)
common assault or battery;
(b)
an offence under section 16, 18, 20 or 47 of the Offences against
the Person Act 1861;

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(c)
an offence under section 3, 4, 4A or 5 of the Public Order Act
1986;
(d)
an offence under section 2 or 4 of the Protection from
Harassment Act 1997;
(e)
an offence under section 29, 31 or 32 of the Crime and Disorder
5
Act 1998;
(f)
an ancillary offence in relation to an offence within any of
paragraphs (a) to (e).
(2)
In subsection (1)(f) “ancillary offence”, in relation to an offence, means
any of the following—
10
(a)
aiding, abetting, counselling or procuring the commission of
the offence;
(b)
an offence under Part 2 of the Serious Crime Act 2007
(encouraging or assisting crime) in relation to the offence;
(c)
attempting or conspiring to commit the offence.
15
(3)
For the purposes of section 20C in its application in relation to Scotland
each of the following is an offence involving violence or harassment—
(a)
assault;
(b)
a breach of the peace;
(c)
an offence under section 50A of the Criminal Law
20
(Consolidation) Scotland Act 1995;
(d)
an ancillary offence in relation to an offence within any of
paragraphs (a) to (c).
(4)
In subsection (3)(d) “ancillary offence”, in relation to an offence, means
any of the following—
25
(a)
being art and part in the commission of the offence or
counselling or procuring its commission;
(b)
inciting a person to commit the offence;
(c)
attempting or conspiring to commit the offence.
(5)
For the purposes of section 20C references to a conviction include
30
references to a conviction in relation to which the court makes an order
for conditional discharge or a court in Scotland makes a probation
order.
(6)
For the purposes of section 20C “cautioned” means—
(a)
cautioned after the person concerned has admitted the offence,
35
or
(b)
reprimanded or warned within the meaning given by section 65
of the Crime and Disorder Act 1998.
(7)
Regulations may make provision for or in connection with requiring
such persons as may be prescribed to notify the Secretary of State about
40
prescribed matters for the purposes of section 20C.
(8)
Regulations may amend subsections (1) to (4) by adding or removing
an offence.”
(3)
In section 37(1)(c) (regulations subject to the affirmative resolution procedure),
after “7,” insert “20D(8),”.
45

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(4)
In paragraph 3(d) of Schedule 3 to the Social Security Act 1998 (c. 14) (decisions
against which an appeal lies: payability of benefit), before “of the Jobseekers
Act” insert “or 20C”.
Pilot schemes
21
State pension credit: pilot schemes
5
(1)
The State Pension Credit Act 2002 (c. 16) is amended as follows.
(2)
Before section 19 (but after the italic heading immediately before that section)
insert—
“18A
Pilot schemes
(1)
Any regulations to which this subsection applies may be made so as to
10
have effect for a specified period not exceeding 12 months.
(2)
Subject to subsection (3), subsection (1) applies to—
(a)
regulations made under this Act, and
(b)
regulations made under section 1 or 5 of the Administration
Act.
15
(3)
Subsection (1) only applies to regulations if they are made with a view
to ascertaining whether their provisions will—
(a)
make it more likely that persons who are entitled to claim state
pension credit will do so;
(b)
make it more likely that persons who are entitled to claim state
20
pension credit will receive it.
(4)
Regulations which, by virtue of subsection (1), are to have effect for a
limited period are referred to in this section as a “pilot scheme”.
(5)
A pilot scheme may, in particular—
(a)
provide for a relevant provision not to apply, or to apply with
25
modifications, for the purposes of the pilot scheme, and
(b)
make different provision for different cases or circumstances.
(6)
For the purposes of subsection (5)(a), a “relevant provision” is—
(a)
any provision of this Act, and
(b)
section 1 of the Administration Act.
30
(7)
A pilot scheme may provide that no account is to be taken of any
payment made under the pilot scheme in considering a person’s—
(a)
liability to tax,
(b)
entitlement to benefit under an enactment relating to social
security (irrespective of the name or nature of the benefit), or
35
(c)
entitlement to a tax credit.
(8)
A pilot scheme may provide that its provisions are to apply only in
relation to—
(a)
one or more specified areas or localities;
(b)
one or more specified classes of person;
40
(c)
persons selected—
(i)
by reference to prescribed criteria, or

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(ii)
on a sampling basis.
(9)
A pilot scheme may make consequential or transitional provision with
respect to the cessation of the scheme on the expiry of the specified
period.
(10)
A pilot scheme may be replaced by a further pilot scheme making the
5
same or similar provision.
(11)
The power of the Secretary of State to make regulations which, by
virtue of this section, are to have effect for a limited period is
exercisable only with the consent of the Treasury.”
(3)
In section 19 (regulations and orders) after subsection (2) insert—
10
“(2A)
A statutory instrument containing regulations which, by virtue of
section 18A, are to have effect for a limited period shall not be made
unless a draft of the instrument has been laid before, and approved by
a resolution of, each House of Parliament.”
22
Period for which pilot schemes have effect etc.
15
(1)
In section 29 of the Jobseekers Act 1995 (c. 18) (pilot schemes)—
(a)
in subsection (1), for “12 months” substitute “36 months”, and
(b)
in subsection (8), for the words from “facilitate” to the end substitute
“make it more likely that persons will obtain or remain in work or be
able to do so”.
20
(2)
In section 19(1) of the Welfare Reform Act 2007 (c. 5) (pilot schemes), for “24
months” substitute “36 months”.
Miscellaneous
23
Contracting out functions under Jobseekers Act 1995
(1)
The Jobseekers Act 1995 is amended as follows.
25
(2)
Before section 21 (but after the italic heading immediately before that section)
insert—
“20E
Contracting out
(1)
The following functions of the Secretary of State may be exercised by,
or by employees of, such person (if any) as the Secretary of State may
30
authorise for the purpose, namely—
(a)
conducting interviews under section 11A;
(b)
providing documents under section 11C;
(c)
giving, varying or revoking directions under section 18B(4);
(d)
asking questions under paragraph 1 of Schedule A1;
35
(e)
making decisions under paragraph 2 or 3 of that Schedule;
(f)
exercising any functions in relation to rehabilitation plans
under paragraph 6 of that Schedule.
(2)
The following functions of officers of the Secretary of State may be
exercised by, or by employees of, such person (if any) as the Secretary
40
of State may authorise for the purpose, namely—

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(a)
specifying places and times, and being contacted, under section
8;
(b)
entering into or varying any jobseeker’s agreement under
section 9 or 10 and referring any proposed agreement or
variation to the Secretary of State under section 9 or 10;
5
(c)
giving notifications under section 16 or 18A;
(d)
giving, varying or revoking directions under section 18A.
(3)
Regulations may provide for any of the following functions of the
Secretary of State to be exercisable by, or by employees of, such person
(if any) as the Secretary of State may authorise for the purpose—
10
(a)
any function under regulations under section 8, 11A, 11C, 17A
or 18B or Schedule A1, except the making of an excluded
decision (see subsection (4));
(b)
the function under section 9(1) of the 1998 Act (revision of
decisions) so far as relating to decisions (other than excluded
15
decisions) that relate to any matter arising under any such
regulations;
(c)
the function under section 10(1) of the 1998 Act (superseding of
decisions) so far as relating to decisions (other than excluded
decisions) of the Secretary of State that relate to any matter
20
arising under any such regulations;
(d)
any function under Chapter 2 of Part 1 of the 1998 Act (social
security decisions), except section 25(2) and (3) (decisions
involving issues arising on appeal in other cases), which relates
to the exercise of any of the functions within paragraphs (a) to
25
(c).
(4)
Each of the following is an “excluded decision” for the purposes of
subsection (3)—
(a)
a decision about whether a person has failed to comply with a
requirement imposed by regulations under section 8, 11A or
30
17A or Schedule A1;
(b)
a decision about whether a person had good cause for failure to
comply with such a requirement;
(c)
a decision about not paying or reducing a jobseeker’s allowance
in consequence of a failure to comply with such a requirement.
35
(5)
Regulations under subsection (3) may provide that a function to which
that subsection applies may be exercised—
(a)
either wholly or to such extent as the regulations may provide,
(b)
either generally or in such cases as the regulations may provide,
and
40
(c)
either unconditionally or subject to the fulfilment of such
conditions as the regulations may provide.
(6)
An authorisation given by virtue of any provision made by or under
this section may authorise the exercise of the function concerned—
(a)
either wholly or to such extent as may be specified in the
45
authorisation,
(b)
either generally or in such cases as may be so specified, and
(c)
either unconditionally or subject to the fulfilment of such
conditions as may be so specified;